The issues that arise on this appeal are whether the Upper Tribunal in OO (Algeria)
wrongly equated persecution with a risk of being subjected to physical violence and
also failed to consider, cumulatively, the impact of the treatment that gay men would
face in Algeria. Further, the appeal raises the issues of whether it would be unduly
harsh to require the appellant to relocate within Algeria or whether returning him to
Algeria would amount to a disproportionate interference with his rights under Article
8 of the Convention given that he would conceal his sexual orientation if he returned
to live in Algeria.
The determination of the First-tier Tribunal to dismiss the claimant’s appeal against the refusal of her asylum claim was reached by a process which was procedurally unfair as it did not give her sufficient opportunity to obtain evidence from Uganda to support her claim. The determination will be quashed and the defendant will be ordered to use his best endeavours to facilitate the return of the claimant to the United Kingdom to enable her to continue with her appeal. The claimant was lawfully detained from 21 July 2013 to 6 August 2013 and from 10 September 2013 until her removal to Uganda on 12 December 2013. The claimant was unlawfully detained from (and including) 6 August 2013 up to 10 September 2013.
Whether there is a sufficiency of protection from harm by the state for the appellant in his home area in Albania and if not whether there is protection available for him in Tirana or elsewhere. If it is, whether it is reasonably open to the appellant to relocate to Tirana (or elsewhere) in the light of his sexual orientation as a gay man.
